Is simple drug possession still a criminal offence in Canada?
Yes, possession of most controlled substances remains an offence under the Controlled Drugs and Substances Act, except where local exemptions apply. However, since 2020 federal prosecutors are directed to pursue alternatives to prosecution for simple possession, such as diversion or treatment, rather than jail. British Columbia ran a decriminalization pilot for personal amounts.
What is the penalty for drug trafficking in Canada?
Trafficking or possession for the purpose of trafficking a Schedule I substance (cocaine, heroin, fentanyl) carries a maximum of life imprisonment. Schedule III substances carry up to 10 years. Actual sentences depend heavily on quantity, the offender's role, and aggravating factors like weapons or proximity to schools.
Are there mandatory minimum sentences for drug offences in Canada?
Most mandatory minimum penalties for drug offences were repealed by Bill C-5 in 2022 and earlier struck down by courts. Judges now have broad discretion to impose a fit sentence, including conditional sentences (house arrest) for lower-level offences, based on the circumstances.
Does the quantity of drugs affect the charge?
Yes. A small personal-use amount typically supports a simple possession charge, while a larger quantity, packaging, scales, cash, or communications can support the more serious charge of possession for the purpose of trafficking, which carries far higher penalties.
Will a drug conviction affect travel to the United States?
Yes. A Canadian drug conviction, including for simple possession, can make you inadmissible to the United States. US border officers have broad discretion and can bar entry even for old or minor drug offences, sometimes permanently absent a waiver.